New South Wales Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY REGULATION 2001 - REG 28

28 Employees to disclose certain matters

(1) An employee must take reasonable steps to prevent risks to health and safety at work by notifying the employee’s employer or supervisor of any matter that, to the knowledge of the employee, may affect the capacity of the employer to comply with the requirements of this Regulation.

Maximum penalty: Level 2.

(2) An employee may discharge the obligation under subclause (1) by notifying the matter in accordance with OHS consultation arrangements to the relevant OHS representative or member of the relevant OHS committee.

For other obligations of employees, or that may relate to employees, see the following sections of the Act:

(a) Section 20 (1)-requires an employee to take reasonable care for the health and safety of people who are at the employer’s place of work and who may be affected by the employee’s acts or omissions at work.

(b) Section 20 (2)-requires an employee to co-operate with the employer or other persons so far as is necessary to enable compliance with OHS duties of the employer or other person.

(c) Section 21-prohibits a person interfering with or misusing anything provided in the interests of occupational health, safety and welfare.

(d) Section 23-prohibits an employer dismissing or victimising an employee because of an OHS-related complaint, membership of an OHS committee or election as an OHS representative or the exercise of any other functions under the consultative arrangements made by the Act.

(e) Section 25-prohibits a person, without reasonable excuse, deliberately creating a risk (or appearance of a risk) to health or safety of people at work with the intention of causing a disruption of work.